Item 7-A
City Council Meeting: 03-11-99 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Appeal of Planning Commission Approval of Development Review (DR) Permit 97-013 to amend Development Review Permit 467 for the Property Located at 808 Wilshire Boulevard. Applicant: Wilshire Lincoln Property c/o Mike Marino Appellant: Hotel Employees Restaurant Local 814 c/o Roxane Auer
INTRODUCTION
This report recommends that the City Council deny the appeal and uphold the Planning Commission approval of Development Review Permit 97-013, which changes the following conditions of approval for the project located at 808 Wilshire Boulevard:
1) eliminate the requirement for an on-site gas station;
2) permit the conversion of the service station's three auto repair bays located in the subterranean garage to storage;
3) require ground floor pedestrian-oriented uses along Wilshire Boulevard and the Wilshire/Lincoln corner tenant space and eliminate the previous condition for 50% ground floor pedestrian oriented uses;
4) eliminate the requirement for neighborhood representatives to identify appropriate uses and tenants on the ground floor;
and 5) eliminate the condition which requires the Planning Commission to review proposed retail hours of operation.
BACKGROUND
The City Council on January 16, 1990 approved on appeal the original Development Review Permit, Variance and Environmental Impact Report for the project, a 75,000 square foot, three and four story building with an average Floor Area Ratio of 2.0. The Council sent the project back to the Planning Commission to refine and add conditions of approval. The Planning Commission added six conditions to those approved by the Council, specifically addressing the location of ground floor uses, the hours of operation for retail uses which included the service station, vehicle access, and building articulation. A final certificate of occupancy was issued in March 1996, allowing tenants to occupy the building. In October, 1997 the applicant filed an application to amend the existing DR permit to allow greater flexibility in leasing the ground floor tenant spaces and area designed for a gas station. The Planning Commission approved modifications to the previous DR and that action was appealed to the City Council on October 21, 1998 by the appellant. The appeal statement is contained in Attachment A.
Permits Issued
A business license and tenant improvements were issued in 4/98 and 12/98 for two ground floor tenants: Gambit America and Pacific Bell Mobile Services. These permits were issued in conflict with the existing DR conditions that require a neighborhood review for selecting tenants. Additionally, in Gambit's case, the permit was issued without the applicant providing a pedestrian-oriented service. Staff began revocation of Gambit's business license on April 30, 1998. On July 21, 1998 the applicant agreed to relocate Gambit to another floor within the building. Once relocated, staff proceeded to process the requested DR amendment to change the existing conditions regarding ground floor tenant approvals. Subsequently, the building owner leased the entire floor to another tenant and Gambit returned to the ground floor tenant space in late 1998. Staff has again begun enforcement proceedings against Gambit.
Elimination of the Service Station
Based on a 1976 land use survey, the City had approximately 41 service stations. Since the 1980s, Santa Monica has seen removal of service stations, most notably all three service stations located on Montana Avenue. Service stations were also removed along Lincoln, Pico and Wilshire Boulevards in order to make way for retail and office developments. Twenty-two service stations remain within the City. A Service Station Map is contained in Attachment F. They are located primarily along the major commercial boulevards (Cloverfield, Lincoln, Ocean Park, Pico, Santa Monica and Wilshire). While the project was conditioned and constructed with the service station use to provide a benefit to the community and replace a diminishing resource, the layout and design of the station makes its operation difficult and the Air Quality Management District which regulates air emissions (including gas fumes) has limited the amount of fuel that may be distributed daily to an amount that renders this use economically unfeasible. In an effort to mitigate many of the adverse impacts associated with a service station use adjacent to a residential development, the service station was enclosed within the commercial building. The service station is set back approximately 50 feet from the Lincoln Boulevard street frontage and the use is not visible from the street so that a person traveling by car would have difficulty seeing the access ramp to the service station. Although the developer made a substantial investment to construct the service station, no gas company was willing to operate the station. Therefore, the applicant requested approval to convert the service station to an office use. Given the project's design, staff agreed that the service station lacked the necessary visibility for a successful operation and therefore recommended that the Planning Commission approve the applicant's request to convert the station to office use.
As part of the service station operation, the project includes three auto repair bays located in the P1 level of the subterranean garage. The auto repair bays have been installed with car lifts and ceiling mounted power tools and are separated from the public parking areas by a concrete masonry block wall furnished with a roll-down front entry gate. The applicant requested that the service bays be converted to storage use. Staff had no objection to this request since the storage area would require less parking than the auto repair use, and there would be no change to the building's floor area ratio since the usable subterranean square footage will not increase. The Planning Commission approved the following modifications to the original conditions of approval related to the service station:
Development Review Conditions (Imposed by City Council on 1/16/90 )
Modification of Ground Floor Retail Use Requirements
The property is developed over two zoning districts (C4 and C6). Further, the C4 and C6 districts do not require ground floor pedestrian-oriented uses. Conditions of approval required a minimum of 50% of the ground floor be dedicated to pedestrian- oriented retail uses and that ground floor retail uses extend a minimum of 30' from the Wilshire Boulevard and the Lincoln Boulevard frontages. The applicant requested that these conditions be eliminated in order to allow maximum flexibility in tenant selection.
Given the configuration and street orientation of the building, staff concurred that portions of the Lincoln Boulevard frontage may not be suitable for retail uses. However, staff believed it important to maintain the requirement for retail and pedestrian-oriented uses along Wilshire Boulevard, and a portion of the Lincoln Boulevard, frontage. This approach is consistent with the Planning Commission's action regarding a similar building located across Lincoln Boulevard to the west. In reviewing this similar building, the Commission allowed a portion of the ground floor on Lincoln Boulevard at the rear of the property to be used for offices.
While the applicant had requested approval to utilize the entire ground floor for office use, staff did not support the applicant's request. Retail and pedestrian-oriented uses draw customers to the building and provide the opportunity for activity along the street frontage. Staff therefore recommended that the Commission require the 1,515 square foot portion of the building fronting on Wilshire Boulevard and the 4,745 square foot portion of the building located at the corner of Wilshire and Lincoln Boulevards be reserved for retail uses. This results in retail uses along the entire Wilshire Boulevard frontage and the key corner portion of the Lincoln Boulevard frontage.
In addition to the restrictions listed above related to the ground floor uses, the original approval for the project required the developer to work with City staff and neighborhood groups to identify appropriate tenants and uses. The applicant requested that this requirement also be eliminated. Staff concurred with the applicant's request and felt that it was sufficient to require the ground floor retail uses to comply with the standard definition of pedestrian-oriented uses contained in the Zoning Ordinance. The Mid-Cities and Wilshire-Montana neighborhood groups have expressed an interest in retaining the condition that all ground floor uses be reviewed by neighborhood representatives. Staff has procedural concerns regarding this suggestion. The act of approving a business license is an administrative ministerial action. A business is either permitted by right or conditionally permitted through a discretionary process where there is criteria for approval and a method for appeal. The current approval process has no criteria for review or process for appeal. Instead of the existing condition, staff recommends the City Council establish one of the following two options:
Option 1- If the neighborhood's concern is to encourage uses that are consistent with their interests, staff recommends the establishment of a list of allowable pedestrian-oriented uses consistent with those interests (e.g. beauty salons, retail stores, incidental food-serving uses etc.) Uses not specifically listed would not be permitted. The list would be developed with input from neighbors and neighborhood organizations. This option ensures residents that only businesses they consider desirable would be approved by Planning Staff for ground floor tenants.
Option 2- If the concern is to provide a process to consider/approve potential uses, the Council could establish a review process that encourages neighborhood input but retains the City's role in making the final determination. A Zoning Administrator review process could be established. This would involve notification and request for comment prior to the Zoning Administrator making a determination. Further, both the applicant and residents would have a right to appeal a Zoning Administrator's decision to the Planning Commission.
Staff favors Option 1 because it provides clear direction to the property owner and resident groups. Further, Option 1 is consistent with the City's traditional land use process and represents no unusual administrative burden for the City or the applicant. Option 1 will, accordingly, eliminate the enforcement difficulty posed by the current conditions and the resulting administrative errors. Option 2, in contrast, retains some uncertainty for the applicant and will divert staff resources from other priorities.
Staff concurred with the applicant that it was not appropriate to require that the retail hours of operation be approved by the Planning Commission. The original DR condition required retail hours be limited from 6 a.m. to 10 p.m. Monday through Saturday and 8 a.m. to 8 p.m. on Sunday. These hours applied to both the service station and any future retail tenant. This restriction was a result of neighborhood input that was specifically concerned with the service station use and the request for "low scale retail uses." In addition, at a minimum the existing condition containing language about the Neighborhood Support Center must be modified to reflect current conditions.
The Planning Commission approved the following amendments related to the retail conditions of approval:
41. To mitigate adverse height, bulk, and traffic impacts of the project as identified in the EIR and by the
Commission and Council on appeal, the building height shall not exceed four stories/56' along Wilshire
Boulevard and shall step down to three stories/45' along Lincoln Boulevard. The project shall be remanded
back to the Planning Commission for further review as indicated herein. Floor area shall be limited to a
maximum of 75,000 square feet with a maximum 2.5 FAR in the Wilshire Corridor District and 1.5 FAR (2.0
overall average) in the Lincoln-North District. The Planning Commission shall review the design of the building,
project access and increased landscaping along Lincoln and Wilshire Boulevards in order to ensure that the
project does not substantially differ from the project as discussed and certified in EIR 884. The service station
shall continue to show no alley ingress/egress. A minimum of 50% of the ground floor shall contain retail uses
consistent with the category of retail uses permitted in the C6 District and General Plan Districts. The interior
courtyard shall be maintained no the site. Ingress/Egress to the subterranean garage shall be provided from
Lincoln Boulevard and/or Wilshire Boulevard only.
43. The ground floor spaces fronting on Wilshire Boulevard, including the 1,515 square foot space to
the west of Lincoln Court alley and the 4,745 square foot space located in the northwest corner of the
building at the intersection of Lincoln and Wilshire Boulevards, shall contain pedestrian oriented retail
uses. The ground floor retail uses shall be pedestrian oriented uses that emphasize and encourage
neighborhood resident use. Retail uses shall constitute at least 50% of the ground floor uses. The developer
shall work cooperatively with City staff, neighborhood representatives and the Neighborhood Support Center
staff in identifying appropriate tenants and uses. The development of a restaurant or other eating establishment
that contains more than 50 seats or includes the sale of on-sale alcoholic beverages shall require further
Planning Commission review/approval.
44. The Planning Commission shall review the proposed hours for ground floor retail uses.
Development Review Conditions (Conditions 1 & 2 Imposed by the Planning Commission on 3/7/90 remanded from City Council)
1. Prior to submittal of plans to the Architectural Review Board, the applicant shall revise the floor plans to show
retail ground floor uses that extend to a minimum depth of 30 feet along both the Wilshire and Lincoln
Boulevard frontages.
2. The service station and retail hours of operation shall not extend beyond 6:00 a.m. to 10:00 p.m. Monday
through Saturday, and 8:00 a.m. to 8:00 p.m. Sunday.
At its meeting on October 7, 1998, the Commission concurred with staff's recommendation concerning the location of pedestrian-oriented uses. The Commission also modified the ground floor retail restrictions to require a pedestrian-oriented use on Wilshire Boulevard and in the tenant space located at the northwest corner of the building at the intersection of Lincoln and Wilshire Boulevards. The Commission maintained that a ground floor retail component was necessary at the Wilshire street frontage, and for a portion of the Lincoln frontage, in order to encourage pedestrian oriented uses. The Commission also found the existing building design, with the substantial grade change along the Lincoln Boulevard frontage, did not lend itself to typical street access requirements of retail tenants. Finally, the Commission found it important to maintain the requirement for a pedestrian oriented use at the Wilshire Boulevard frontage.
APPEAL ANALYSIS
The Hotel Employees Restaurant Local 814 has appealed the Planning Commission decision. The appeal states that the "developers should not be exempt from conditions that previous council members placed on the project with the best interests of Santa Monica in mind." Staff concurs that project conditions of approval should not be modified without careful consideration of the issues. However, given the building design and neighborhood context, it is appropriate to revisit conditions based on current circumstances. The appellant's objective is to maintain the project's original conditions including the requirement for the on-site service station. The inclusion of a service station is not practical given the design and configuration of the building. Moreover, the Commission and staff's primary objective is to maintain retail pedestrian uses on the ground floor.
CEQA STATUS
The modifications to the previously approved project are categorically exempt from the provisions of CEQA pursuant to Class 1 of the State Implementation Guidelines in that the project involves minor alteration of existing public or private structures, facilities involving negligible or no expansion of use beyond that previously existing.
An Environmental Impact Report (EIR) was prepared and certified for the mixed use project containing commercial offices, a service station and ground floor retail uses on January 16, 1990. The EIR analyzed construction and use impacts and identified mitigation measures to address those impacts. The applicant has completed all mitigation measures adopted in the project's final EIR, specifically mitigation for traffic- related impacts.
BUDGET/FINANCIAL IMPACT
The project is subject to the Housing and Parks Project Mitigation Measures of the Land Use and Circulation Elements of the General Plan. The project mitigation measures may be satisfied by payment of an in-lieu fee to the City as established by Ordinance No. 1367 (CCS) and identified in DR 467 as condition of approval #1, Project Mitigation Fee.
Prior to issuance of building permits, an office mitigation fee of approximately $328,319.52 was assessed on 53,288 square feet of applicable office uses (excluding the ground floor gas station and retail square footage). The applicant paid approximately twenty-five percent of the total fee ($82,079) prior to the buildings final inspection. The balance of the fees are due in equal installments with payment in full no later than three years after the issuance of the Certificate of Occupancy. To date, one hundred percent of the fees have been paid.
If the Council denies the appeal and grants the applicant's request to amend the total amount of office square footage under Development Review 97-013, the applicant will be required to pay an additional fee for any square footage within the building that is converted to office.
PUBLIC NOTIFICATION
Pursuant to Municipal Code Section 9.04.20.20.080, within 30 days after the subject application was deemed complete, the applicant posted a sign on the property informing the public of the pending hearing.
In addition, pursuant to Municipal Code Section 9.04.20.22.050, notice of the public hearing was mailed to all owners and residential and commercial tenants of property located within a 500 foot radius of the project at least ten consecutive calendar days prior to the hearing. A copy of the notice is contained in Attachment C.
RECOMMENDATION
It is respectfully recommended that the City Council deny the appeal and uphold the Planning Commission action on Development Review Permit 97-013 with the attached findings and conditions.
FINDINGS:
DEVELOPMENT REVIEW FINDINGS
1. With the project modifications and conditions approved by the Council, the physical location, size, massing, and placement of proposed structures on the site and the location of proposed uses within the project are compatible with and relate harmoniously to surrounding sites and neighborhoods, in that the building is located on Wilshire Boulevard, which is characterized by a range of commercial development, including office buildings with similar building heights as approved by the Council; and that the proposed development, with its 2.5 FAR and four-story height along Wilshire Boulevard, will step down to a 1.5 FAR and three-story height along Lincoln Boulevard and to a one story height above the service station area, will provide an adequate amount of landscaping and open space adjacent to street level and on the interior of the site, and provide an appropriate transition between the commercially-zoned parcels along Wilshire and Lincoln Boulevards and the residentially-zoned parcels located to the east along Ninth Street.
2. The rights-of-way can accommodate autos and pedestrians, including parking and access, in that the site design will provide adequate driveway and parking facilities and the site is adjacent to two improved arterial streets: Wilshire and Lincoln Boulevard.
3. The health and safety services (police, fire, etc.) and public infrastructure (e.g. utilities) are sufficient to accommodate the new development, in that the project is proposed to be an in-fill of an already developed area with all necessary services and infrastructure already in place.
4. Any on-site provision of housing or parks and public open space, which are part of the required project mitigation measures required in Subchapter 5G of the city of Santa Monica Comprehensive Land Use and Zoning Ordinance, satisfactorily meet the goals of the mitigation program, in that the project will be required to comply with the requirements of this program.
5. The project is generally consistent with the Municipal Code and General Plan, in that the project as conditioned is designed to meet all code and General Plan requirements, with the exception of the required parking variance.
6. Reasonable mitigation measures have been included for all adverse impacts identified in an Environmental Impact Report, in that all reasonable mitigation measures recommended by the EIR have been included as conditions of approval for the project.
VARIANCE FINDINGS
1. There are special circumstances or exceptional characteristics applicable to the property involved, including size, shape, topography, location, or surroundings, or to the intended use or development of the property that do not apply to other properties in the vicinity under an identical zoning classification, in that the number of on-site parking spaces exceeds the code requirement and the inclusion of compact and tandem parking spaces will not detrimentally affect the circulation and parking patterns of the project.
2. The granting of such variance will not be detrimental or injurious to the property or improvements in the general vicinity and district in which the property is located, in that similar projects in the past have utilized compact and tandem parking with no significant impact on circulation patterns or neighboring properties and that provided parking is in excess of that required.
3. The strict application of the provisions of this Chapter would result in practical difficulties or unnecessary hardships, not including economic difficulties or economic hardships, in that past projects have incorporated compact and tandem parking spaces with no significant impacts and the total number of parking spaces provided exceeds the required number.
4. The granting of a variance will not be contrary to or in conflict with the general purposes and intent of this Chapter, or to the goals, objectives, and policies of the General Plan, in that the project as conditioned is consistent with the General Plan.
5. The variance would not impair the integrity and character of the district in which it is to be located, in that more parking than is required will be provided and the variance will not affect the appearance of the project.
6. The subject site is physically suitable for the proposed variance, in that it is a recycling of commercial land with the provision of adequate access and circulation.
7. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed variance would not be detrimental to public health and safety, in that the project is an in-fill in a developed area with all necessary improvements.
8. There will be adequate provisions for public access to serve the subject variance proposal, in that adequate driveways will be provided and pedestrian sidewalks are in existence.
9. The strict application of the provisions of Chapter 10 of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance would result in unreasonable deprivation of the use or enjoyment of the property, in that similar variances have been granted in the past which have not created any deleterious effects and parking is provided for the project in excess of that required.
CONDITIONS
Plans
1. This approval is for those plans dated 11/10/89 as reviewed by the City Council on 01/16/90, a copy of which shall be maintained in the files of the City Planning Division. The DR97-013 revisions are contained within plans dated October 13, 1997 are for the approval process, location and hours of operation for future ground floor uses. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval.
2. The Plans shall comply with all other provisions of Chapter 1, Article IX of the Municipal Code, (Zoning Ordinance) and all other pertinent ordinances and General Plan policies of the City of Santa Monica.
3. Final parking lot layout and specifications shall be subject to the review and approval of the Parking and Traffic Engineer.
4. Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept shall be subject to Planning Commission Review. Construction shall be in conformance with the plans submitted or as modified by the Planning commission, Architectural Review Board or Director of Planning.
5. Plans for final design, landscaping, screening, trash enclosures, and signage shall be subject to review and approval by the Architectural Review Board.
6. The Architectural Review Board, in its review, shall pay particular attention to the project's pedestrian orientation and amenities; scale and articulation of design elements; exterior colors, textures and materials; window treatment; glazing; and landscaping.
Fees
7. The City is contemplating the adoption of a Transportation Management Plan which is intended to mitigate traffic and air quality impacts resulting from both new and existing development. The Plan will likely include an ordinance establishing mitigation requirements, including one-time payment of fees on certain types of new development, and annual fees to be paid by certain types of employers in the City. This ordinance may require that the owner of the proposed project pay such new development fees, and that employers within the project pay such new annual employer fees related to the City's Transportation Management Plan.
Demolition
8. Until such time as the demolition is undertaken, and unless the structure is currently in use, the existing structures shall be maintained and secured by boarding up all openings, erecting a security fence, and removing all debris, bushes and planting that inhibit the easy surveillance of the property to the satisfaction of the Building and Safety Officer and the Fire Department. Any landscaping material remaining shall be watered and maintained until demolition occurs.
9. Unless otherwise approved by the Recreation and Parks Department and the Planning Division, at the time of demolition, any street trees shall be protected from damage, death, or removal per the requirements of Ordinance 1242 (CCS).
10. Immediately after demolition (and during construction), a security fence, the height of which shall be the maximum permitted by the Zoning Ordinance, shall be maintained around the perimeter of the lot. The lot shall be kept clear of all trash, weeds, etc.
11. Prior to issuance of a demolition permit, applicant shall prepare for the Building Division approval of a rodent and pest control plan to ensure that demolition and construction activities at the site do not create pest control impacts on the project neighborhood.
Construction
12. Unless otherwise approved by the Department of Environmental and Public Works Management, all sidewalks shall be kept clear and passable during the grading and construction phase of the project.
13. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project as determined by the Department of Environmental and Public Works Management shall be reconstructed to the satisfaction of the Department of Environmental and Public Works Management. Approval for this work shall be obtained from the Department of Environmental and Public Works Management prior to issuance of the building permits.
14. Vehicles hauling dirt or other construction debris from the site shall cover any open load with a tarpaulin or other secure covering to minimize dust emissions.
15. Street trees shall be maintained, relocated or provided as required in a manner consistent with the City's Tree Code (Ord. 1242 CCS), per the specification of the Department of Recreation and Parks and the Department of Environmental and Public Works Management. No street tree shall be removed without the approval of the Department of Recreation and Parks.
16. A construction period mitigation plan shall be prepared by the applicant for approval by the Department of Environmental and Public Works Management prior to issuance of a building permit. As applicable, this plan shall 1) Specify the names, addresses, telephone numbers and business license numbers of all contractors and subcontractors as well as the developer and architect; 2) Describe how demolition of any existing structures is to be accomplished; 3) Indicate where any cranes are to be located for erection/construction; 4) Describe how much of the public street, alleyway, or sidewalk is proposed to be used in conjunction with construction; 5) Set forth the extent and nature of any pile-driving operations; 6) Describe the length and number of any tiebacks which must extend under the property of other person; 7) Specify the nature and extent of any dewatering and its effect on any adjacent buildings; 8) Describe anticipated construction-related truck routes, number of truck trips, hours of hauling and parking location; 9) Specify the nature and extent of any helicopter hauling; 10) State whether any construction activity beyond normally permitted hours is proposed; 11) Describe any proposed construction noise mitigation measures; 12) Describe construction-period security measures including any fencing, lighting, and security personnel; 13) Provide a drainage plan; 14) Provide a construction-period parking plan which shall minimize use of public streets for parking; 15) List a designated on-site construction manager.
17. A sign shall be posted on the property in a manner consistent with the public hearing sign requirements which shall identify the address and phone number of the owner and/or applicant for the purposes of responding to questions and complaints during the construction period. Said sign shall also indicate the hours of permissible construction work.
18. A copy of these conditions shall be posted in an easily visible and accessible location at all times during construction at the project site. The pages shall be laminated or otherwise protected to ensure durability of the copy.
Environmental Mitigation
19. Ultra-low flow plumbing fixtures are required on all new development and remodeling where plumbing is to be added. (Maximum 1.6 gallon toilets and 1.0 gallon urinals and low flow shower head.)
20. Prior to issuance of a Certificate of Occupancy, project owner shall present documentation to the Environmental and Public Works Management Department certifying that existing Santa Monica occupancies with toilets installed prior to 1978 have been retrofitted with ultra low-flow toilets (1.6 gallons per flush or less) such that development of the new project will not result in a net increase in wastewater flows. Flow from existing occupancies which will be removed as part of the new development may be deducted from flow attributable to the new development if such occupancies have been occupied within one year prior to issuance of a Building Permit for the proposed project. Flow calculations for new development and existing occupancies shall be consistent with guidelines developed by the Environmental and Public Works Management Department.
21. To mitigate solid waste impacts, prior to issuance of a Certificate of Occupancy, project owner shall submit a recycling plan to the Department of Environmental and Public Works Management for its approval. The recycling plan shall include 1) list of materials such as white paper, computer paper, metal cans, and glass to be recycled; 2) location of recycling bins; 3) designated recycling coordinator; 4) nature and extent of internal and external pick-up service; 5) pick-up schedule; 6) plan to inform tenants/occupants of service.
22. To mitigate circulation impacts, prior to issuance of a Certificate of Occupancy, project owner shall submit a transportation demand management plan to the Department of Environmental and Public Works Management for its approval. This plan shall include: 1) Name, address and telephone number of designated person(s) responsible for coordinating transportation demand management measures to be employed at the development. 2) Demand management measures to be employed at the site to reduce circulation impacts which would otherwise occur. Such measures may include, but art not limited to programs addressing: A. Education and Marketing to alert employees and visitors to the site to demand reduction programs and incentives; B. Parking Management such as parking charges for single-occupant vehicles, reduced rates for care and vanpools; C. Ridesharing programs such as a rideshare matching program, incentives, and car and vanpool subsidies; D. Transit programs such as provision of bus schedules to employees and visitors, subsidized bus tokens and passes to employees and visitors; E. Bicycling programs such as provision of secure bicycle storage facilities, provision of showers and lockers; F. Alternative Work Schedules for building employees to avoid peak AM and PM traffic hours and reduce overall trips; G. Trip Length Reduction by programs to increase proportion of employees residing within three miles of the project site. The goal of the Transportation Demand Management Plan shall be to reduce vehicle trips which would otherwise occur by twenty percent.
23. Landscaping plans shall comply with Subchapter 5B (Landscaping Standards) of the zoning ordinance including use of water-conserving landscaping materials, landscape maintenance and other standards contained in the Subchapter.
Miscellaneous Conditions
24. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet).
25. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking or other actions.
26. No medical office use shall be permitted at the site.
27. If any archaeological remains are uncovered during excavation or construction, work in the affected area shall be suspended and a recognized specialist shall be contacted to conduct a survey of the affected area at project owner's expense. A determination shall then be made by the Director of Planning to determine the significance of the survey findings and appropriate actions and requirements, if any, to address such findings.
28. Refuse areas, storage areas and mechanical equipment shall be screened in accordance with SMMC Section 9040.13-9040.15. Refuse areas shall be of a size adequate to meet on-site need, including recycling. The Architectural Review Board in its review shall pay particular attention to the screening of such areas and equipment.
29. Street and/or alley lighting shall be provided on public rights of way adjacent to the project if and as needed per the specifications and with the approval of the Department of Environmental and Public Works Management.
Validity of Permits
30. In the event permittee violates or fails to comply with any conditions of approval of this permit, no further permits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied.
31. Within ten days of Planning Division transmittal of the Statement of Official Action, project applicant shall sign and return a copy of the Statement of Official Action prepared by the Planning Division, agreeing to the Conditions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights applicant may possess regarding said conditions. The signed Statement shall be returned to the Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation.
Monitoring of Conditions
32. Pursuant to the requirements of Public Resources Code Section 21081.6, the City Planning Division will coordinate a monitoring and reporting program regarding any required changes to the project made in conjunction with project approval and any conditions of approval, including those conditions intended to mitigate or avoid significant effects on the environment. This program shall include, but is not limited to, ensuring that the Planning Division itself and other City divisions and departments such as the Building Division, the Environmental and Public Works Management Department, the Fire Department, the Police Department, the Resource Management Department and the Finance Department are aware of project requirements which must be satisfied prior to issuance of a Building Permit, Certificate of Occupancy, or other permit, and that other responsible agencies are also informed of conditions relating to their responsibilities. Project owner shall demonstrate compliance with conditions of approval in a written report submitted to the Planning Director and Building Officer prior to issuance of a Building Permit or Certificate of Occupancy, and, as applicable, provide periodic reports regarding compliance with such conditions.
Special Conditions
33. To mitigate adverse height, bulk, and traffic impacts of the project as identified in the EIR and by the Commission and Council on appeal, the building height shall not exceed four stories/56 feet along Wilshire Boulevard and shall step down to three stories/45 feet along Lincoln Boulevard. The project shall be remanded back to the Planning Commission for further review as indicated herein. Floor area shall be limited to a maximum of 75,000 square feet with a maximum 2.5 FAR in the Wilshire Corridor District and 1.5 FAR (2.90 overall average) in the Lincoln-North District. The Planning Commission shall review the design of the building, project access and increased landscaping along Lincoln and Wilshire Boulevards in order to ensure that the project does not substantially differ from the project as discussed and certified in EIR 884. The interior courtyard shall be maintained on the site. Ingress/Egress to the Subterranean garage shall be provided from Lincoln Boulevard and/or Wilshire Boulevard only.
34. On-site parking shall be provided without charge to tenants and employees at the project site unless and until such time as a preferential parking district is established in the project area, which in the judgement of the Planning Director and Parking and Traffic Engineer will adequately protect neighborhood residents from potential parking impacts of the project.
35. To mitigate traffic impacts identified in the environmental impact analysis, no medical office, or branch bank uses shall be permitted in the project.
36. If requested by the Santa Monica Transportation Department, project owner shall provide and maintain a bus shelter built to City specifications along the Wilshire and Lincoln frontage of the project to facilitate use of bus transit by project employees and visitors.
37. The exterior building materials shall be light in color. No mirrored or darkly-tinted glass shall be used on the exterior of the building. The ARB shall pay particular attention to these elements of the development.
38. Prior to issuance of a Certificate of Occupancy for the project, and if required by the Environmental and Public Works Management Department, applicant shall perform to the satisfaction, or reimburse the City for the cost of the following traffic mitigation measures:
-Restripe the existing eastbound approach to Lincoln Boulevard on Wilshire Boulevard to provide an exclusive right-turn lane. This would provide this approach with one exclusive left-turn lane, two through lanes and an exclusive right-turn lane.
- Restripe the existing westbound approach to Lincoln Boulevard on Wilshire to provide an additional lane. This measure would provide a total of five lanes on the westbound approach, resulting in double left-turn and right-turn lanes and a single through lane.
39. Construction equipment, fixed and mobile, operated within 1000 feet of a dwelling unit shall be equipped with properly operating and maintained muffler exhaust systems.
40. The ground floor spaces fronting on Wilshire, including the 1,515 square foot space to the west of Lincoln Court alley and the 4,745 square foot space located in the northwest corner of the building at the intersection of Lincoln and Wilshire Boulevards, shall contain pedestrian oriented retail uses. The development of a restaurant or other eating establishments that contain more than 50 seats or includes the sale of on-sale alcoholic beverages shall require further Planning Commission review approval.
41. South Coast Air Quality Management District Rule 403 will be adhered to, insuring the clean-up of construction related dirt on approach routes to construction sites.
42. In accordance with Sections 9046.1 - 9046.4 of the Santa Monica Municipal Code, prior to issuance of a building permit the developer shall execute an irrevocable letter of credit or other form of security acceptable to the City for the payment of an in-lieu fee for housing and parks equal to $2.25/sq. ft. for the first 15,000 sq. ft. of net rentable office floor area and $5.00/sq. ft. for the remaining net rentable office floor area. This fee shall be adjusted for inflation by the percentage change in the Consumer Price Index ("CPI") between October 1984 through the month in which the payment is made. Upon mutual agreement of the developer and the City, the developer may satisfy the Project Mitigation measures by providing low and moderate income housing or developing new park space on or off the project site. To fulfill this obligation an agreement shall be secured in writing by the developer and approved by the City Attorney and City staff prior to issuance of a building permit.
43. Building windows located adjacent to Wilshire and Lincoln Boulevards shall be set back a maximum distance of two feet from the public right-of-way.
44. The Architectural Review Board shall pay particular attention to the design of the atrium and promotional signage for the building.
45. The developer shall where required by the Parking and Traffic Engineer and the Director of Environmental and Public Works Management pay for the cost of providing a two way left turn channelization lane for use with the projects subterranean garage driveway located along Lincoln Boulevard.
Prepared by: Suzanne Frick, Director
Jay Trevino, AICP, Planning Manager
David Martin, Senior Planner
Gina Szilak, Assistant Planner
Planning and Community Development Division
Attachments: A. Appeal Statement
B. Planning Commission Staff Report
C. Appeal Notice
D. DR 97-013 Statement of Official Action (STOA)
E. Letters from the public & Wilshire/ MT Neighborhood Coalition
F. Service Station Map
G. Project Plans
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